Continuing Garnishments in Magistrate Court
Please read all instructions carefully before filling out any forms. The Clerks cannot give legal advice. If you have any legal questions, please consult an attorney.
- You must first obtain a judgment against a defendant before a garnishment can be filed.
- The defendant’s employer (garnishee) must be located in Richmond County. You must provide the correct name and complete street address of the garnishee. The defendant’s complete address is also needed.
- There are two types of Garnishment:
- Continuing garnishment - The employer will deduct from the defendant’s wages for approximately 179 days (or six months) provided the defendant makes wages which are subject to garnishment. garnishment deductions are based on the employee’s net pay.
- Regular garnishment - Used when garnisheeing a bank account. The bank will only make one deduction from the defendant’s account provided there are funds in the account. You must know the correct name and complete street address of the garnishee and provide an account number and/or social security number (the last four digits only) of the defendant. When filing this type of garnishment make sure to ask for regular garnishment forms.
- View Cost for Filing a Garnishment.
- Service is perfected by the Marshal’s Office. A postcard will be mailed to you indicating the date of service.
- The garnishee has a total of 60 days from the date of service to file an answer to the garnishment. This office will not contact you if payments or answers are not received.
- Once we have accepted and posted a payment, we will mail the payment directly to you within three weeks.
- On a continuing garnishment if the employer has filed six answers as required and the debt has not been fully paid, deductions will cease. As the Plaintiff, you must file a new garnishment for the new principal balance owed and pay additional costs for filing.
- All forms must be completed by you, front and back, before they will be accepted as filed. This office will provide the forms needed. The forms that you will need are as follows:
- When serving both the garnishee and the Defendant - Three affidavits, three summons, and seven answers
- When serving the garnishee only - Two affidavits, two summons, and seven answers